Standard Terms And Conditions

By checking the box "I accept Dental Masters Laboratory and Dura-Metrics Terms & Conditions" and clicking (or pressing) the "submit" button, you agree to be bound by the terms and conditions of this Agreement.  This Agreement is enforceable under the laws of the State of California including, without limitation, the Uniform Electronic Transactions Act.  The date on which you click the accept button is the "effective date" of this agreement.

If you are accepting this agreement on behalf of someone other than yourself, you are also confirming that the other person (whether an individual or a business entity) agrees to be bound by the terms and conditions of this Agreement and has agreed to be the legally responsible person referred to as "Customer" under this Agreement.

Governing Provisions.  The terms and conditions set forth below are a binding contract between Dura-Metrics, Inc., a California corporation dba Dental Masters Laboratory ("Lab") and the doctor, medical office or other health care provider named below ("Customer").  This Agreement is incorporated into each and every prescription delivered to Lab (the "Rx") including, without limitation, prescriptions for a Removable Appliance or Fixed Restoration.

Terms.  All accounts are payable within 30 days of the Statement Date as it appears on the Monthly Statement.  Accounts not paid within the terms stated herein will be subject to a late charge of 2% of the balance due.  Additionally, any past due account may be placed on C.O.D. status.

Limited Warranty.  The Lab warrants that all dental services shall be performed according to the specifications set forth in the Rx.  Subject to the return of a device that is placed and then fails, Lab will, at the Lab's sole discretion and subject to the Product Warranty Schedule below (i) repair or replace the device for the cost of materials and labor only; or (ii) refund the original price paid.  Customer agrees to pay shipping and all other cost of adjustment, repair, and replacement of a device.  Lab's obligation to honor these warranties is contingent upon Lab's receipt of payment in full for the goods entitled to this warranty.  LAB DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  LAB HAS NOT AUTHORIZED ANYONE TO MAKE ANY REPRESENTATION OR WARRANTY OTHER THAN AS PROVIDED ABOVE.  THE FOREGOING AND THE LIMITATION OF REMEDIES SECTION BELOW STATES THE ENTIRE WARRANTY AND LIABILITY OF LAB.

Product Warranty Schedule.  The warranty period for the following products is as follows: (i) porcelain to metal, all porcelain, all metal and single-unit inlay, onlay and crown composite resin final prosthetics, composite resin bridges, up to 5 years; (ii) Mastertemp Long Term Crowns & Bridges, up to 2 years; (iii) removable devices, up to 1 year if the failure is due to defects in material or workmanship; and (iv) provisionals, composite Maryland and inlay/onlay bridges, repairs or additions and any other dental devices, up to 6 months.

Limitation of Remedies.  Subject to the Limited Warranty as set forth above, in the event of a breach of the warranty provided herein, Customer's exclusive remedy shall be, at Lab's sole discretion, repair or replacement of the product(s) or nonconforming part of the product(s).  Lab limits its obligations to repair or replacement and Customer (and any third party) shall have no other remedy against Lab.  If Lab fails to repair or replace the product(s) or nonconforming part of the product(s) within a reasonable time or the remedy fails of its essential purpose, Customer may return the sold product(s) in exchange for a full refund of the purchase price of the product(s).  Refund shall be the sole and exclusive remedy of Customer (or any third party) in the event that the remedy of repair or replacement fails of its essential purpose.  IN NO EVENT SHALL LAB BE LIABLE TO CUSTOMER (OR ANY THIRD PARTY) FOR CONSEQUENTIAL, INCIDENTAL, ECONOMIC, OR SPECIAL DAMAGES STEMMING FROM ANY BREACH OF WARRANTY.

Governing Law; Venue.  This Agreement shall be governed by the laws of the State of California as applied to agreements among California residents entered into and to be performed entirely within California.  The parties hereby acknowledge and agree that this Agreement was made in Sonoma County, California, and hereby consent to the exclusive jurisdiction and venue of such county.

Arbitration.  Any controversy between the parties involving the construction or application of any of the terms and conditions contained in this Agreement shall, on written request of one party served on the other, be submitted to binding arbitration, and such arbitration shall proceed in accordance with the California Arbitration Act (California Code of Civil Procedure §1280 et seq.) or any successor law, provided such rules are not inconsistent with the express provisions set forth in this Agreement.

Attorneys' Fees.  If any legal action or other proceeding, including arbitration or action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with this Agreement, the Prevailing Party (as defined below) shall be entitled to recover reasonable attorneys' fees and other costs, in addition to any other relief to which the party may be entitled.  Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment.  The attorneys' fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys' fees reasonably incurred.  As used in this Agreement, "Prevailing Party" shall include, without limitation, a party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other party of its claim or defense.

Notices.  All notices shall be in writing and shall be delivered to the party at the address set forth on the Rx.  Notice shall be deemed effective upon actual receipt by the intended recipient, on 1 business day after being sent by overnight courier or facsimile transmission, or on 3 business days after being sent by registered or certified mail, return receipt requested.